IRVINE v. MONTGOMERY COUNTY

[No. 310, September Term, 1964.]

239 Md. 113 (1965)

210 A.2d 359

IRVINE ET UX. v. MONTGOMERY COUNTY, MARYLAND

Court of Appeals of Maryland.

Decided May 27, 1965.


Attorney(s) appearing for the Case

David L. Cahoon for the appellants.

Submitted on brief by Robert G. Tobin, Jr., County Attorney for Montgomery County, and Douglas H. Moore, Jr., Deputy County Attorney, for the appellee.

The cause was argued before PRESCOTT, C.J., and HORNEY, MARBURY, OPPENHEIMER and BARNES, JJ.


OPPENHEIMER, J., delivered the opinion of the Court.

The appellants, seeking injunctive relief for alleged damages to their property through continuous diversion of surface waters and denial of use of a public road, appeal the dismissal of their bill of complaint as to Montgomery County. The lower court held, as a matter of law, on the pleadings, that the County is immune from suit for the acts alleged against it, because it was exercising a governmental function...

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